A BILL to amend and reenact §61-6-19 of the Code of West Virginia,
1931, as amended, relating to crimes against the peace;
offenses occurring at the State Capitol Complex; and providing
that certain persons possessing a legal firearm at the State
Capitol Complex are not in violation of this section.

Be it enacted by the Legislature of West Virginia:

That §61-6-19 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

(a) If any person willfully interrupts or molests the orderly
and peaceful process of any department, division, agency or branch
of state government or of its political subdivisions, he or she is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $100, or imprisonedconfined in the county or
regional jail not more than six months, or both fined and
imprisonedconfined:Provided, That any assembly in a peaceable,
lawful and orderly manner for a redress of grievances shall not be
a violation of this section.

(b) It is unlawful for any person to bring upon the State
Capitol Complex any weapon as defined by the provisions of section
two, article seven of this chapter: Provided, That this subsection
does not apply to any constitutional officer, any person openly
carrying a legal firearm or any person who is licensed to carry a
concealed weapon pursuant to section four, article seven, chapter
sixty-one of this code and who is not prohibited at the time from
possessing a firearm pursuant to the provisions of section seven,
article seven, chapter sixty-one of this code. It is unlawful for
any person to willfully deface any trees, wall, floor, stairs,
ceiling, column, statue, monument, structure, surface, artwork or
adornment in the State Capitol Complex. It is unlawful for any
person or persons to willfully block or otherwise willfully
obstruct any public access, stair or elevator in the State Capitol
Complex after being asked by a law-enforcement officer acting in
his or her official capacity to desist: Provided, That in order to
preserve the constitutional right of the people to assemble, it is
not willful blocking or willful obstruction for persons gathered in
a group or crowd, if the persons move to the side or part to allow
other persons to pass by the group or crowd to gain ingress or
egress: Provided, however, That this subsection shall not apply to
a law-enforcement officer acting in his or her official capacity.

Any person who violates any provision of this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $100 or confined in jail not more than six
months, or both fined and confined.

NOTE: The purpose of this bill is to clarify that certain
persons possessing a legal firearm are not in violation of this
section or guilty of an offense of possessing a firearm at the
State Capitol Complex.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.